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What happens if you mistakenly apply for British citizenship?

freemovement.org.uk

21–30 of 192 posts

Re: What happens if you mistakenly apply for British citizenship?

#21

I don’t think the government did anything wrong; The rules aren’t meant to be bent, and if Lucas made a mistake in filing the wrong paperwork, it absolutely makes sense for the consequences to follow. In these serious legal matters, you need to seek counsel. This article attempts to paint a picture of the poor child, but the law was clear, and any emotional appeal should be invalid.

Well, I don't know the details of British law on this, but the German constitution has as its first article "Human dignity is unviolable. To respect it and to protect it is the duty of all institutions of the state." So, not bending the rules in such cases would actually potentially be illegal.

If there is no such rule in place in the UK, then that is where the government did something wrong.

Re: What happens if you mistakenly apply for British citizenship?

#22
I have experience with both the UK and US immigration systems. I agree, it is very easy with how complicated the processes can be to make mistakes, even seemingly big ones, just by misunderstanding a single requirement. Even non-immigration lawyers make serious errors.

> Lucas made his application for naturalisation on 14 May 2014, a couple of weeks before the expiry of his visa.

I'm playing devil's advocate here, but neither indefinite leave to remain OR naturalization would be processed in "a couple of weeks." So even if he had filled the right application he might have ran into problems.

As the article points out, indefinite leave does technically extend their existing visa (whereas citizenship does not), but in both cases you have the same issue: If you're denied then you get deported since your visa has expired.

They should have extended their existing visa first, only then apply for indefinite leave to remain or if eligible citizenship. Otherwise you've built a house of cards, which is one denial away from deportation.

> So instead of Lucas’s application being promptly returned to him [...] It took eight months for him to receive a refusal of his application with the above explanation

That exceeds the government's estimates, but they tell you before you apply it can take 6+ months:

https://www.gov.uk/government/organisations/uk-visas-and-imm...

They don't even look at the application until it is processed, and there's a huge backlog. Plus they cannot deny until the application is fully vetted, otherwise they might miss another avenue for acceptance, or it might be a data problem their side.

Essentially the article is complaining that the other applicants that applied before him were processed before him.

It is unfortunate what happened to him after the initial mistake, and I won't defend that, but his mistake wasn't only applying for the wrong thing, he also left it until the last possible moment.

Re: What happens if you mistakenly apply for British citizenship?

#23

I don’t think the government did anything wrong; The rules aren’t meant to be bent, and if Lucas made a mistake in filing the wrong paperwork, it absolutely makes sense for the consequences to follow. In these serious legal matters, you need to seek counsel. This article attempts to paint a picture of the poor child, but the law was clear, and any emotional appeal should be invalid.

I wouldn’t be surprised if in addition to your “the complex and opaque rules are there for everyone to follow without any leeway for a mistake, period” philosophy you also practice cannibalism.

That's ad hominem.

Re: What happens if you mistakenly apply for British citizenship?

#25
post #14

Anti-immigration people in various countries often argue that they just want to prevent “bad ones” coming in, they’re not looking to throw out the “good ones”. The reality is that there’s no leniency for perceived good immigrants as these people imagine, and it’s just getting worse as immigration policies are tightened across Europe. Officials are under pressure to refuse as many applications as they can, and it’s ea…

This is not Europe wide. I have current and first hand experience of two EU countries in this regard and nothing has changed in the last couple of years.

In any system mistakes are made on both sides of an application and most countries have reasonable systems to resolve them, but in the case of the UK authorities, they are no longer acting in good faith.

Re: What happens if you mistakenly apply for British citizenship?

#26
post #17

Is there something about English-speaking countries that make them behave like dicks when it comes to immigration?

The same reason that people living in nice neighborhoods with nice houses don't invite all the people living in the slums to come live with them. This happens in non-English speaking countries also.

Re: What happens if you mistakenly apply for British citizenship?

#27
post #17

Is there something about English-speaking countries that make them behave like dicks when it comes to immigration?

Dunno. They might just be more popular destinations to immigrate to, being (mostly) stable and rich, and English being one of the more common second languages around the world.

Re: What happens if you mistakenly apply for British citizenship?

#28
post #23

Earlier quoted context omitted.

I wouldn’t be surprised if in addition to your “the complex and opaque rules are there for everyone to follow without any leeway for a mistake, period” philosophy you also practice cannibalism.

That's ad hominem.

Ad hominem is "you're an asshole and that's why you're wrong", not "you're wrong and that makes you an asshole".

Re: What happens if you mistakenly apply for British citizenship?

#29
post #17

Is there something about English-speaking countries that make them behave like dicks when it comes to immigration?

The same reason that people living in nice neighborhoods with nice houses don't invite all the people living in the slums to come live with them. This happens in non-English speaking countries also.

Mind providing an example?

Re: What happens if you mistakenly apply for British citizenship?

#30
post #20

This is par for the course in the UK right now. The Tories have been pandering to the xenophobes and racists for some time now an their "hostile environment" for immigrants isn't restricted to ones who are doing something illegal, instead it seems to be targeted toward making life miserable, if not impossible for any immigrants wether they're doing the right thing or not. They have no problems breaking their own rule…

> The Tories have been pandering to the xenophobes and racists for some time now ... In the case of the Windrush Generation, who just happen to be black, the Home Office destroyed archives that contained proof of eligibility of residence

Just to fact check this, https://www.channel4.com/news/factcheck/factcheck-who-destro..., it was a Labour-administrated Home Office that decided to destroy them, although it looks like it was a bureaucratic decision rather than a political one and probably no politicians knew anything about it.

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